Republic Act 9275: The Philippine Clean Water Act

The Philippine Clean Water Act of 2004 aims to protect
the country’s water bodies from pollution from land-based sources
(industries and commercial establishments, agriculture and community/household
activities). It provides for a comprehensive and integrated strategy
to prevent and minimize pollution through a multi-sectoral and participatory
approach involving all the stakeholders

Control Area

Nationwide

Overview

As early as 1996, monitory of the country’s rivers
showed that only 51% of the classified rivers still met the
standards for their most beneficial use. The rest were
polluted from domestic, industrial and agricultural sources

Most studies point to the fact that domestic wastewater
is the principal cause of organic pollution (at48%) of our
water bodies. Yet, only 3% of investments in water supply
and sanitation were going to sanitation and sewage treatment.

A recent World Bank report pointed out that Metro Manila
was second to the lowest in sewer connections among major
cities in Asia and less that 7% compared to 20% for Katmandu,
Nepal and 30% for Dhaka, Bangladesh.

Thirty-one percent (31%) of all illnesses in the country are attributed to
polluted waters. Clearly, to ensure access to clean water
for all Filipinos, it was imperative that government put
together a comprehensive strategy to protect water quality.

Features

Management of water quality will either be based on watershed,
river basis or water resources region. Water quality
management areas with similar hydrological, meteorological
or geographic conditions which affect the reaction and diffusion
of pollutants in water bodies are to be designated by the DENR
in coordination with the National Water Resources Board (NWRB)

Management will be localized. Multi-sectoral governing
boards will be established to manage water quality issues
within their jurisdiction

Governing Boards shall be composed of representatives
of mayors and governors as well as local government units,
representatives of relevant national government agencies,
duly registered non-government organizations, the concerned
water utility sector and the business sector.

The governing boards will formulate strategies to coordinate
policies necessary for the effective implementation of
this Act. They will create a multi-sectoral group
to establish and effect water quality surveillance and
monitoring.

All owners or operators of facilities that discharge
wastewater are required to get a permit to discharge from
the DENR or the Laguna Lake Development Authority. Existing
industries without any permit are given 12 months from
the effectivity of the implementing rules and regulations
(IRR) promulgated pursuant to this Act to secure a permit
to discharge.

The Department of Public Works and Highways (DPWH),
in coordination with local government units will prepare
a national program on sewage and septage management not
later than 12 months from effectivity of this Act. A
priority list will likewise be prepared which will be the
basis for the allotment of funds on an annual basis by
the national government for the construction and rehabilitation
of required facilities.

Local-government units will provide the land including
road right of the way for the construction of sewage and/or
septage treatment facilities and raise funds for the operations
and maintenance of said facilities.

The Department of Health (DOH) will formulate guidelines
and standards for the collections, treatment and disposal
of sewage as well as the guidelines for the establishment
and operation of centralized sewage treatment system. The
MWSS and other agencies mandated to provide water supply
and sewerage facilities are required to connect existing
sewage lines, subject to the payment of sewerage service
charges/fees within five years following effectivity of
this Act.

All sources of sewage and septage are required to comply
with the law.

Anyone discharging wastewater into a water body will
have to pay a wastewater charge. This economic instrument
which will be developed in consultation with all concerned
stakeholders is expected to encourage investments in cleaner
production and pollution control technologies to reduce
the amount of pollutants generated and discharged.

Rewards will also be given to those whose wastewater
discharge is better that the water quality criteria of
the receiving body of water. Fiscal and non-fiscal
incentives will also be given to LGUs, water districts,
enterprise, private entities and individuals who develop
and undertake outstanding and innovative projects in water
quality management.

All possible discharges are required to put up an environmental
guarantee fund (EGF) as part of their environmental management
plan. The EGF will finance the conservation of watersheds
and aquifers, and the needs of emergency response, clean
up or rehabilitation.

Among other, the Act prohibits the following:

Discharging or depositing any water pollutant to the
water body, or such which will impede natural flow in
the water body

Discharging, injecting or allowing to enter into the
soil, anything that would pollute groundwater

Operating facilities that discharge regulated water
pollutants without the valid required permits

Disposal of potentially infectious medical waste into
sea by vessels

Unauthorized transport or dumping into waters or sewage
sludge or solid waste

Discharging regulated water pollutants without the
valid required discharge permit pursuant to this Act

Noncompliance of the LGU with the Water Quality Framework
and Management Area Action Plan

Refusal to allow entry, inspection and monitoring as
well as access to reports and records by the DENR in accordance
with this Act

Refusal or failure to submit reports and/or designate
pollution control officers whenever required by the DENR
in accordance with this Act

Directly using booster pumps in the distribution system
or tampering with the water supply in such a way to alter
or impair the water quality

Operate facilities that discharge or allow to seep,
willfully or through grave negligence, prohibited chemicals,
substances, or pollutants listed under R.A. No. 6969,
into water bodies

Undertake activities or development and expansion of
projects, or operating wastewater treatment/sewerage facilities
in violation of P.D. 1586 and its IRR.

Anyone who commits prohibited acts such as discharging untreated
wastewater into any water body will be fined for every
day of violation, the amount of not less than Php 10,000 but not more
than Php 200,000. Failure
to undertake clean-up operations willfully shall be punished by imprisonment
of not less than two years and not more than four years. This also
includes fine of not less than Php 50,000 and not more that Php 100,000
per day of violation. Failure or refusal to clean up which results
in serious injury or loss of life or lead to irreversible water contamination
of surface, ground, coastal and marine water shall be punished with imprisonment
of not less than 6 years and 1 day and not more than 12 years and a fine
of Php 500,000/day for each day the contamination or omission continues. In
cases of gross violation, fine of not less that Php 500,00 but not more
than Php 3,000,000 will be imposed for each day of violation. Criminal
charges may also be filed.